Tenant or Tresspassor ! ??

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learningstill

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My Tenant is moving out at end of their Lease.
My Tenant breached the lease by sub-renting (and by having a verbal lease, emails and cancelled rent check) the basement to someone against the Lease Clause to not sub-rent..

The person in the basement is not moving out and is requested to be treated like a tenant or like a legal resident and be served a 30 days written notice !

Is this a trespassing situation from my perspective as the Landlord ? I have not authorized this person to be on the property or to reside on the property. Someone else (my Tenant) has without proper authority and rights.

Please advise. Thanks
 
A judge is very likely to rule that yes, this person is a tenant and the proper steps are required to terminate what I'm going to assume is a month to month tenancy with this person.

If you contact the police they are likely to respond that this is a civil, not criminal matter and will not assist you without a judgement granting an eviction from the court.

The easiest thing is to begin the process of terminating this tenancy at will using the steps outlined in your state.

Gail
 
Yes, you must evict the subtenant just as you would the original tenant... however any added cost you incur in your effort to evict the subtenant could potentially be recovered from the original tenant in a civil suit (not from the deposit). However, this amount is not likely to be significant and hardly worth the effort of recovering.
It is a pain in the butt, but that is the way it works.

If you knew about the subtenant prior to now you should have acted immediately. Regardless of the lease agreement, if you knew about it and did not act then you essentially consented to the subtenant staying.

The sooner you act to remove the subtenant the easier it is and the less likely you will need to go through the eviction process.
 
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